This Opinion proposes regulatory amendments pertaining to two different subject matters in support of operations in the single European sky (SES): the use of Airborne Collision Avoidance System (ACAS) Xa and the harmonised use of performance-based navigation (PBN) specifications for oceanic and remote continental operations.

The proposed amendments introducing the use on a voluntary basis of ACAS Xa within the SES, based on the transposition of related ICAO Standards and Recommended Practices (SARPs), are expected to increase safety, and to improve harmonisation.

The proposed amendments on PBN would allow the use in the SES of ICAO RNAV 10 and RNP 4 navigation specifications, which have been specifically designed to support operations in en-route oceanic and remote continental airspace. The use of RNAV 10 and RNP 4 instead of RNAV 5, which is the only specification recognised for use in SES, is expected to preserve the required level of safety through more stringent aircraft requirements against the loss of the navigation function (continuity failure). In this regard, the proposed amendments would keep the aircraft performance compatible with the air traffic services (ATS) and communication, navigation, and surveillance (CNS) services available in such airspace.

The objective of this Opinion is to support the development of new technologies and non-conventional aircraft, as well as the competitiveness of the EU industry in this regard.

The current common European regulatory framework for civil aviation safety, as established by Regulation (EU) 2018/1139, was initially designed for conventional aeroplanes, helicopters, balloons, airships and sailplanes, and assumes that propulsion is mostly provided by piston or turbine engines using fossil fuel. The introduction of new technologies and air transport concepts requires that regulatory framework to be redesigned.

This Opinion proposes amendments to Annexes I (Part-M), II (Part-145), III (Part-66), IV (Part-147), Vb (Part-ML) and Vd (Part-CAO) to Commission Regulation (EU) No 1321/2014 to address the regulatory gaps identified regarding non-conventional aircraft (i.e. aircraft other than aeroplanes, helicopters, balloons, airships and sailplanes) or aeroplanes or helicopters with a power plant other than a piston engine or turbine, e.g. where existing requirements are unnecessarily explicit regarding the list of aircraft categories or power plants considered. Further, new Part-66 training and experience requirements are proposed that would entitle privileges for the maintenance of these aircraft. Finally, it proposes to remove the existing alleviation using a piston engine as a discriminant of a simple aircraft to make the regulation more technology-agnostic.

Furthermore, new requirements are proposed for gyroplanes regarding flight crew licensing (Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011) and non-commercial operations (NCO) (Annexes I (Definitions) and VII (Part-NCO) to Commission Regulation (EU) No 965/2012) with gyroplanes conducted in visual flight rules by day and by night. According to Regulation (EU) 2018/1139, gyroplanes with a maximum take-off mass (MTOM) of more than 600 kg or with more than two seats fall within the scope of the common European rules in the field of civil aviation. However, there is a lack of suitable and appropriate European rules for the operation of such gyroplanes. This hinders both their introduction and operation, and the competitiveness of the EU industry that develops such gyroplanes.